Tuesday, September 25, 2012

Copy of letter received by GS on the above subject is reproduced below for information of all the members:

Suneeta Trivedi Department of Posts,
India

Member (Planning) Ministry
of Communication & IT

Postal Services Board Dak Bhawan, Sansad Marg

New Delhi-110001

D.O. No. 27-69/2011-PODated 18/09/2012

Dear Shri Ingale,

This is regarding formulation of the National Postal Policy 2012. As you
would recall , Shri Kapil Sibal, Hon’ble Minister of Communication and Information
Technology , Government of India , discussed the National Postal Policy 2012
with all the stakeholders during the Round Table on 1st February
2012.The audio-video recording on India Post website(www.indiapost.gov.in)

2. We are in the process of drafting the National Postal Policy 2012 for
the postal sector as a whole. Hon’ble Minister has now directed that the issues
of unbundling of functions and introduction of an independent regulator for the
Indian Postal market should be deliberated upon as this was not discussed on
earlier occasions. A meeting for this purpose is therefore arranged on 1st
October, 2012 at 15.00 hrs. in G.P. Roy Committee Room,2nd Floor, Dak
Bhawan , Sansad Marg, New Delhi.

3. You are requested to attend the above stated meeting on 1st
October 2012.

The decision, which would benefit about 50 lakh of employees and 30
lakh pensioners of the central government, comes in the backdrop of
government increasing the diesel price by Rs 5 per litre and retail
inflation crossing the double digit mark.

The government had increased DA last in March this year from 58% to 65%, which was effective from January 1, 2012. The current hike will be effective from July 1 this year and employees would be entitled for arrears from this date.
The government periodically hikes the DA, which is linked to consumer
price index for industrial workers. The consumer price index (CPI) based
on movement in retail prices, soared to 10.03% in August, from 9.86% in
July.

Wednesday, September 19, 2012

Copy of letter of Shri Permanand posted in "Postal Inspectors Blog for Pay hike" is reproduced below for information.

Dear Friends,

It is really sad
to intimate that Department of Expenditure, MOF has rejected the demand
for grade pay of Rs.4600 to Inspector (Posts) even after the full
justification given by Hon’ble CAT Ernakulam Bench in its order dated
18.10.2011 in OA No. 381/2010 and the good viable proposal submitted by
DoP. The official rejection letter is yet to be received. However, note
sheet of the relevant file has been received under RTI from DoP.

2. As available in
the note sheets (17/N), the DoP had sent the following proposal with
concurrence of IFW and approval of Secretary (Posts) to Department of
Expenditure, MOF:

“The hierarchical difference i.e
non-availability of intermediary cadre like Assistant Superintendent
Posts in CBDT/CBEC and CSS can be resolved by allowing Grade Pay of
Rs.4600 to Inspector Posts in Department of Posts (a GCS Group B
Non-Gazetted Post) and retaining its promotional cadre of Assistant
Superintendent Posts (a GCS Group B Gazetted Post) also in the identical
Grade Pay of Rs.4600. In the Accounts cadre, the cadre of Accounts
Officer is in Grade Pay of Rs.5400 in PB-2. Its promotional post of
Senior Accounts Officer is in Grade Pay of Rs.5400 in PB-3 & its
further promotional post of ACAO also in Grade Pay of Rs.5400 in PB-3.
This would not thereby involve upgradation in Grade Pays of Assistant
Superintendent Posts and PS Group B.”

3. MOF has rejected the
demand for Grade pay of Rs.4600 for Inspector (Posts) without examining
the above proposal, and stated the following (written in red colour):

(I)
There was no specific recommendation in para 7.6.14 to the effect
that Inspector Post are granted Pre-revised pay scale of Rs. 6500-10500.

(It
seems that MOF has not gone through the para 26 of Hon’ble CAT order
dated 19.10.2011 in OA No. 381/2010, wherein the import of the
observation of the Pay Commission has been clearly mentioned. Moreover,
as mentioned in para 7.6.14 of 6thCPC report “…………With this
upgradation, Inspector (Posts) shall come to lie in an identical pay as
that of their promotional post of Assistant Superintendent (Posts)
[ASPOs]. ASPOs shall, accordingly, be placed in the next higher pay
scale of Rs.7450-11500………….”)

(II)
Inspectors in CBEC/CBDT were placed in the scale of Rs.6500-10500 w.e.f
21.04.2004 i.e prior to 6th CPC by an executive order of the Govt.
keeping in view of their parity with Inspectors of CBI/IB and court
directions of CAT Jabalpur Bench. Further, Asstts. Of CSS have also been
granted the pay scale of Rs.6500-10500 w.e.f 15.09.2006 on the basis of
their traditional parity with Inspectors CBEC/CBDT. Further, it was the
conscious decision of the Govt. to keep Asstts. In CSS/Inspector and
analogous post in CBEC/CBDT in the higher pre-revised scale i.e
Rs.7450-11500/- considering their pre-revising relativities,
hierarchical structure, mode of recruitment etc. The mode of
recruitment was not the only criteria as contended by the applicants in
the OA. In various cases, Apex Court also opined that wholesale identity
between two groups would involve matters relating to nature of work,
educational qualification, mode of recruitment, experience etc.

(The details of the basis for increase from Rs.5500-9000 to
Rs.6500- 10500 for Inspectors CBEC/CBDT w.e.f 21.04.2004 and for
Assistants in CSS w.e.f 15.09.2006 along with the note sheet of
the relevant file have been asked from MOF under RTI. Also, Documents
available for establishing the “Traditional Parity” / wholesale identity
between Inspectors CBEC/CBDT and Assistants in CSS have asked. MOF
Response is awaited. Further, wholesale identity should be decided by
the Expert body i.e Pay Commission. 5th & 6th CPC had rightly did so
for Inspector (Posts) and granted equal pay scale/ grade pay to that of
Inspectors CBDT/CBEC and Assistants in CSS. Apex Court in the case of
State of West Bengal v. West Bengal Minimum Wages Inspectors
Association, (2010) 5 SCC 225 wherein it has been stated as under:-

"23. It is now well settled that parity cannot be claimed merely on
the basis that earlier the subject post and the reference category posts
were carrying the same scale of pay. In fact, one of the functions of
the Pay Commission is to identify the posts which deserve a higher scale
of pay than what was earlier being enjoyed with reference to their
duties and responsibilities, and extend such higher scale to those
categories of posts.")

(III) It is
pertinent to mention here that the OM dated 13.11.2009 and 16.11.2009
came into existence as a result of demand from various quarters of Govt.
seeking upgradation for pre-revised scale of Rs.6500-10500 due to
functional requirement. However, hierarchical structure of Inspector
Posts does not demand such functional requirement, as post of ASP in the
scale of Pay of Rs.9300-34800 GP of Rs.4600/- PB-2 corresponding to the
pre-revised scale of Rs.7450-11500 still exists, even after
implementation of 6th CPC.

(Regarding the hierarchical
differences, a viable proposal was submitted by DoP wherein it was
clearly mentioned that the hierarchical difference i.e. non-availability
of intermediary cadre like Assistant Superintendent Posts in CBDT/CBEC
and CSS can be resolved by allowing Grade Pay of Rs.4600 to Inspector
Posts in Department of Posts (a GCS Group B Non-Gazetted Post) and
retaining its promotional cadre of Assistant Superintendent Posts (a GCS
Group B Gazetted Post) also in the identical Grade Pay of Rs.4600. The
example of AO, Sr. AO & ACAO was also given in the proposal. But,
MOF overlooked the same.)

(IV) Since
Inspector Post have come in the Pay Scale of Rs.9300-3400 GP of
Rs.4200/- PB-2 corresponding to pre-revised scale of Rs.6500-10500, the
hierarchical posts in their cadre i.e ASP and SP had to be placed in the
GP OF Rs.4600/- and Rs.4800/- respectively to maintain the relativity
in the cadre. Moreover, the scale of other similarly placed posts i.e
Asstt. Manager and Manager in mail Motor Service were also placed in the
GP of Rs.4600/- and Rs.4800/- respectively. In case the demand of
Inspector Posts for GP of Rs.4600/- is accepted, it will have cascading
effect involving huge financial implications. Also, the demand for
upgradation from similarly placed posts in Mail Motor Service etc. will
arise immediately.

(In the proposal, it was clearly
mentioned that this would not involve upgradation in Grade Pays of
Assistant Superintendent Posts and PS Group B. Asst. Manager &
Manager, Mail Motor Service are placed in the Grade pay of Rs.4600 &
Rs.4800 respectively. Hence the imagination of MOF that In case the
demand of Inspector Posts for GP of Rs.4600/- is accepted, the demand
for upgradation from similarly placed posts in Mail Motor Service etc.
will arise immediately, is hypothetical. Further, while submitting the
proposal, DoP had given the figures for financial implications and for
Inspector (posts), it is Rs. 1.01 crores only. Hence the ground that in
case the demand of Inspector Posts for GP of Rs.4600/- is accepted, it
will have cascading effect involving huge financial implications, does
not hold any ground.)

(V) The duties
and responsibilities assigned to Assistant of CSS and Inspector,
CBDT/CBEC are quite different from Inspector (Posts). There is no
comparison between Assistants CSS & Inspector CBDT/CBEC and
Inspector (Posts). They are performing different duties in their
respective cadres.

(As a matter of fact, the duties and
responsibilities assigned to different cadres in different Department /
Ministries will be different and after comparison only, specific pay
scale/grade pay is given to particular cadres by the expert bodies i.e
Pay Commission. The details regarding comparison of “Duties &
Responsibilities” of Inspectors CBDT/CBEC and Inspector (Posts) have
been asked from MOF under RTI.Further, Para 30 of CAT Ernakulam Bench Order dated 19.10.2011 in OA No. 381/10 reproduced below:“This
Tribunal need not have to labour more to arrive at the finding that the
functional responsibilities of the Inspector (Posts) are certainly
onerous and evidently, it is on the basis of adequate justification that
the successive Pay Commissions have appreciated the need to revise the
pay scale of Inspector (Posts).”

4. It is very much clear
from the grounds given by MOF that they were pre-determined not to allow
Grade Pay of Rs.4600 to Inspector Posts in any case and they simply
overlooked the full justification given by the Hon’ble CAT Ernakulam
Bench and also the good viable proposal given by DoP. It can also be
seen that the matter was disposed first time at the level of Jt.
Secretary even after the clear instruction from Hon’ble CAT to re-look
in the matter at the level of Secretary. It is also evident form the
notings of the DoP at 28/N, which is reproduced below:“Views
taken by Ministry of Finance, Department of Expenditure contains
neither any details of examination of the proposal made by this
Department on 17/N nor reasoning based on which the proposal was
admitted/rejected.”

5. Accordingly the file was
re-referred to the Department of Expenditure, MOF. However, Department
of Expenditure, MOF returned the file stating that:

“The
matter has been examined in this Deptt. and AM is advised to issue a
reasoned speaking order rejecting the claim of the applicants on the
grounds indicated in U.O note dated 28.05.2012. This issues with the approval of Finance (Secretary).”

6.
Our case for upgradation of Grade pay of Inspector (Posts)
to Rs.4600 under OA No. 381/2010, had already been considered by Hon’ble
CAT Ernakulam Bench within the parameters prescribed by the Apex Court
in respect of the powers of the Tribunal in dealing with the fixation
of Pay scale and had viewd that :

(a) The decision of the
Ministry of Finance does not appear to have taken into account the clear
recommendation of the Sixth Pay Commission nor for that matter the full
justifications given by the Department of Posts.

(b) The
Tribunal is of the considered view that there is no justification in
denying the Inspector (Posts) the higher Grade Pay of Rs 4600 when the
same is admissible to Inspectors of other Departments with whom parity
has been established by the very Sixth Pay Commission vide its report at
para 7.6.14 extracted above. The Ministry of Finance has to have a
re-look in the matter dispassionately at the level of Secretary keeping
in view the aforesaid discussion.

7. From the documents
received under RTI, the rejection of our demand of Grade pay of Rs.4600
for Inspector (Posts) has been disclosed. However, we may wait for the
official rejection letter. Further, we wish to move to High Court at the earliest, to get Justice.

3 comments:

Monday, September 17, 2012

It has been brought to the notice of the Association that Sri. Korah Pylee (86), father of Sri. C.K.Baby, ASP(HQ), Kottayam expired today. Funeral will be held at Onakkur Orthodox Church at 11.A.M tomorrow (18.9.12). Association conveys its deepest condolences to the bereaved family.

Thursday, September 13, 2012

Kerala Postal Circle has won first prize in the 'Central Government' Category for the Best Float in the Onam pageantry held at Thiruvananthapuram last month. It is the second time that we are bagging the prize in the pageantry. Year before last, we had won the first place in all the categories taken together. Hearty Congratulations to the team for the effort which made the Circle proud....

As already announced the next All India CWC of the Association is due to be held at Shirdi Maharastra on 12 & 13th October,2012. Detailed discussions and deliberations will be held on the following main points:

All members are requested to forward their views/comments/suggestions on the said points either as comments on the blog or via email to the CS at the earliest so that the same can be compiled and presented in the CWC.

Monday, September 10, 2012

As announced a three day workshop cum meeting on Trade Union Rights
organized by the PSI was held at Hotel Harbour View Residency, Cochin from
6.9.12 to 8.9.12. Representatives from Other Associations like NOGE, NAD
Civilian Workers Union, INDWF/SNCEO, K.P.MES.EU, Postal Stenographers Association,
IP/ASP Assn etc participated in the three day workshop. Sri. R.Kannan, PSI
South Asia was the facilitator/moderator in the workshop.

In the workshop discussions were held on topics like Trade Union Rights,
International Labour organization, International Labour Standards, Labour Laws
in India, Trade Union Violations in India, CCS Conduct Rules, ILP Supervisory
Mechanisms, Planning for TUR campaigns etc. The workshop was lively with Group
Discussions, Group tasks, case studies, reporting etc. The following members
represented our Association:

(1)Ajith Kurian

(2)K.Manoj

(3)B.Padmakumar

(4)G.Gopakumar

(5)Seeba T.E

(6)Archana Anand.

Sri. B.Padmakumar, ASP EKM RMS, Sri, G.Gopakumar, PM Kollam HO and Smt. Sheeba, PM Thycaud HO has been nominated as
members of the Project Working Group(PWG) who will plan and coordinate the
further activities of PSI in Kerala.

Inspector Posts Examination 2012, scheduled to be held on 15th and 16th September, 2012 is postponed vide Directorate memo No. A-34012/07/2012-DE dated 6th September, 2012 till further orders. Copy of the order is available in the CHQ blog.

As informed by the GS, the DPC for promotion to PS Group B is likely to be held in the month of October subject to the timely submission of ACRs and other connected documents by all the Circles. All our members who are likely to come in the zone of consideration are requested to ensure that their ACRs and other documents have been forwarded to Circle Office duly completed by the respective Divisions/ROs for onward transmission to Directorate.

Next Central Working Committee Meeting (CWC) of the Association is to be held on 12/10/2012 and 13/10/2012 at Shirdi (Dist. Ahmednagar, Maharashtra). Circle Secretary and All India Asst. Secretary & President will be representing the Circle in the CWC.

Sunday, September 2, 2012

Communications
and IT Minister Kapil Sibal has called for restructuring of 150-year-old
Department of Post by separating its regulatory and services functions to meet
challenges of technological age.

"The
postal department should also restructure itself to meet challenges of 21st
century. The Department of Post (DoP) should look into prospect of bifurcating
the ministry from the regulator and the operator, just as was done in the
telecom sector," Sibal told PTI.

He said
that the DoP should explore possibility of having different entities namely policy
making, regulator and service provider. "No decision has been taken yet.
It is all a matter of debate and dialogue at the moment," Sibal said.

DoP, which
has around 5 lakh employees, is responsible for policy making, regulation and
providing postal services, at present.The over
100-year old Indian Post Office Act bars any individual or entity from
delivering letters for commercial purpose. The business of private courier
companies is built around delivering documents, parcels and others items which
do not fall under the category of 'letter'.Sources in
the ministry said that Sibal held a meeting with DoP officials early this week
on the issue of finanlisation of the National Postal Policy 2012 and asked them
to prepare roadmap for restructuring as well.

They said
that next meeting on the issue is expected to take place in 15 days. They said
that the minister, in June, had asked DoP to set up a body to oversee the
unbundling of its functions.An
independent body named Postal Development Board (PDB) will be responsible for
the overall development and governance of the postal sector, they added. The
PDB will also draw a road-map for unbundling of postal department functions.

The Minister had
also instructed DoP to constitute a Postal Advisory Board (PAB), in line with
Telecom Commission, which should have representation from Government, industry
players, academics and other stakeholders, they said. The role of PAB will be
to provide inputs to PDB on policy matters.The government in
1997 created the Telecom Regulatory Authority of India (TRAI) to regulate the
sector. Under New Telecom Policy 1999, Government further restructured DoT by
separating service providing function from it.

As announced earlier, a work shop on Trade Union Rights organized by the PSI will be held at Hotel Harbour View Residency, Opp. Cochin Shipyard, M.G.Road, Cochin from 6th to 8th September. The following members will represent the Association in the said workshop: